A sentencing judge's failure to refer to the utilitarian value of a guilty plea for a Commonwealth offence under s 16A(2)(g) of the Crimes Act 1914 (Cth) constitutes sentencing error following Xiao v R and Liu v R. However, upon re-sentencing in the fresh exercise of the discretion, the application of a 25% utilitarian discount does not necessarily produce a lesser sentence where the objective seriousness of the offending is considerable.
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